If you drive a car in New York, you are considered to have already given consent to take a chemical test to measure your blood alcohol concentration (BAC) in the event that you’re arrested for suspected impairment. A police officer can request to conduct a breath, blood, urine or saliva if they arrest you for an alcohol or drug-related violation. Since you are deemed to have given consent to a
Theft and embezzlement are similar in many ways. Often, people think of embezzlement as just another type of theft. But these two crimes can also be significantly different. It is important for those who are facing charges to understand these differences because they may feel that the charges being leveled against them do not accurately reflect what took place. The misappropriation of funds The biggest difference is that embezzlement involves
Many people accused of breaking the law maintain that they did nothing illegal or that mitigating factors mean they had no criminal intent. However, they may feel as though they have few options for resolving the allegations against them. Some individuals who claim they did not break the law plead guilty because they worry about the consequences of a conviction. Others may decide to take their case to trial in
Money laundering is a complex white-collar crime. It involves intentionally falsifying information about the origins of someone’s financial resources. Typically, a business capable of securing a legitimate source of income cooperates with those who have illicit funds to make them appear legitimate. For example, funneling money obtained by selling drugs on the unregulated market through a convenience store can make the money look like legal, taxed income. Investigators may have
Drunk driving is a serious offense with far-reaching personal and legal implications if you are convicted. Even if you are not caught, drunk driving is a serious safety risk to yourself and other road users. Whatever you do, do not operate a vehicle under the influence of alcohol or other inebriating substances. If the police have reasonable suspicion that you could be drunk behind the wheel, they will pull you
If you get pulled over because the police suspect that you are driving under the influence, your first concern is likely that you are going to get arrested. You may have to call someone and have them pick you up. It can damage your reputation, and you may end up having to pay fines or even lose your driver’s license. But for many people, their concerns go even further than
Certain types of evidence are subjective. An officer’s interpretation of someone’s tone during a conversation may not reflect the truth of the scenario, for example. Their assumptions about why someone performed poorly during field sobriety tests could relate more to their personal experience than the medical reality of the driver performing the tests. People accused of crimes can sometimes raise questions about how officers interpreted a situation as part of
Whether it is your first or third, a drunk driving charge can set you up for a lot of uncertainties. If you are formally charged with driving under the influence, you understandably want to do everything in your power to get out of trouble and move on with your life. Instead of letting the court determine your fate, you might be interested in settling the matter through a plea deal.
It is important to understand how the police gather evidence in criminal cases. If you are facing serious charges, the way that any evidence that may be used against you was obtained may have a significant impact on your case and your defense options. Every case is unique, of course. But the following are three common questions about how evidence is obtained that apply to many cases. Consider them carefully
Reasonable suspicion is a legal standard that allows law enforcement officers to initiate a stop or conduct a brief investigation. This must be based on specific and articulable facts, that a person has been, is or is about to be engaged in criminal activity. Understanding what constitutes reasonable suspicion for drunk driving is vital. Behaviors and circumstances that might give an officer reasonable suspicion to initiate a traffic stop for